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Outsourcing Your Fiduciary Risk

As a plan sponsor you are acting as a Fiduciary.

As a Fiduciary, ERISA requires that you:

  • Act solely in the interests of the participants
  • Diversify plan investments
  • Ensure that the plan pays reasonable expenses, particularly if they are paid from plan assets

If the plan is not operated according to these requirements then you can be personally liable: In the event of participant investment losses you may be required to restore any losses to the plan participants.

Go here for a recent article in the Financial Times about 401(k) excessive-fee lawsuits.
Go here for an article about the 401(k) excessive-fee lawsuit against Caterpillar in November 2009.

Click here to learn what tools are available to shift or reduce your risk for investment related losses in participant (employee) accounts.

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